A traumatic brain injury (TBI) is among the most severe and life-altering conditions that can happen in a Spokane car accident, but when it happens to your child, it’s even more problematic. As a child’s brain is in the early stages of development, any injury or setback that happens makes your legal options all the more important.
At Crary and Domanico, P.S., our Spokane car accident lawyers have helped clients through the legal process since 1948. We’ll evaluate your child’s case, gather crucial evidence, then help you both navigate the process for getting the financial support and treatment they need. Contact us today to set up a free consultation to get started.
How Can Our Spokane Car Accident Lawyers Help Your Child After Suffering a TBI?
Every brain injury case in Spokane is distinct, especially in the legal domain and even more so when it involves a child. Survivors need special consideration, given the mental and emotional challenges that may hinder their ability to recall crucial details related to their claim. As such, when it comes to your legal options, having our experienced team on your side is downright crucial to your child being able to get the treatment they need to improve their chances at recovery.
With our experience and approach, we’re proud to offer the following services to our clients in these cases:
- Identifying the responsible party or entity for the car accident that resulted in your child’s brain injury.
- Assisting you in collecting and reviewing your child’s medical records.
- Guiding you towards specialists that can provide your child with specialized medical care.
- Working with experts to assess the severity of your child’s brain injury.
- Negotiating with insurance providers and other relevant parties.
- Potentially filing a lawsuit on your child’s behalf if it becomes necessary to seek compensation.
- Managing the day-to-day tasks and responsibilities associated with your child’s accident claim.
It’s understandable that many parents or guardians may feel uncertain about where to seek support. Brain injuries often demand not only extensive medical attention but also substantial legal aid. Above all, they require patience and empathy. At CCD Law, we provide all of this to our clients.
Liability When a Child Suffers a TBI in a Spokane Car Accident
When you’re in a car accident, it’s possible that it can have a lasting impact on your life, spanning weeks, months, or even years. However, the impact that it can have on your child–particularly when there’s a TBI–the challenges that come out of a car accident in Spokane can quickly become overwhelming. One of the most important aspects of any car accident in is figuring out who is responsible for:
- Causing the accident
- Covering your injuries and other damages
In legal terms, this is known as “liability”, and the key to establishing liability is proving negligence. In essence, negligence hinges on four elements:
- The other driver or party had a duty of care for others on the road.
- The other driver or party breached this duty.
- Their breach directly led to the accident.
- The accident, in turn, caused your child’s injuries and other incurred damages.
With these elements established, you can gain a clearer understanding of who bears responsibility for your injuries and losses. It’s worth noting that liability can be distributed among various parties depending on the accident’s circumstances, and in some instances, a portion of the responsibility may even rest with you. In a broad sense, the following parties can potentially be held liable in a car accident claim in Spokane:
- Other drivers
- Vehicle owners, which isn’t the driver in some cases
- Manufacturers of vehicles or their parts
- Government agencies
- Employers
- Repair shops or mechanics
Regardless of who’s responsible, our team will make sure to establish fault so that you can fully pursue your legal options, the main point of which is to file a claim for damages.
Damages in a Spokane Brain Injury Claim
When your child sustains a brain injury in a car accident, the legal considerations become even more crucial. These legal actions can help address not only immediate medical expenses but also the significant, long-term consequences of such injuries. When filing a claim, whether through an insurance claim or personal injury lawsuit on behalf of your child, you have the potential to recover the following:
- Medical bills and expenses – This includes all past, present, and future medical costs associated with your child’s brain injury. It covers hospital bills, surgeries, doctor’s visits, medications, rehabilitation, therapy, and any necessary assistive devices.
- Lost earnings or future earning potential – While a child may not have personal earnings, a claim can account for the potential future income they might have earned if not for the injury.
- Property damage – If personal property, such as a vehicle, was damaged in the accident that caused your child’s brain injury, the cost of repairing or replacing these items may be included in the claim.
- Cost of care – Brain injuries often require ongoing care, whether at home or in a care facility, and the expenses for nursing care, home modifications, and other related costs can be part of the claim.
- Out-of-pocket expenses – This covers any expenses incurred as a direct result of your child’s brain injury, such as transportation to medical appointments, prescription medications, and necessary medical equipment.
- Pain and suffering – These damages aim to provide compensation for physical pain, mental suffering, and emotional distress experienced by your child.
- Loss of enjoyment of life – This accounts for the loss of your child’s ability to enjoy activities, hobbies, and life as it was before the injury.
- Loss of companionship – If your child’s brain injury negatively impacts their relationship with family members, you could recover damages for this loss of companionship and support.
- Emotional distress – Emotional trauma resulting from your child’s brain injury can be a significant part of the claim, covering anxiety, depression, and other emotional difficulties. It’s crucial to ensure your child’s well-being and future needs are considered in the legal process.
Furthermore, it’s essential to understand that Washington’s car accident law follows the doctrine of “comparative negligence,” which implies that any potential recovery is diminished in proportion to your share of fault in the accident. While there is typically a three-year statute of limitations for car accidents in Washington, when a child is injured, the statute begins once they turn 18 years of age.
Common Brain Injuries in a Spokane Car Accident
The reality is that any head injury or brain trauma in a child carries the potential for developing into a traumatic brain injury (TBI). Due to the unique nature of TBIs in children, there are no quick fixes. Discovering the full extent of your child’s TBI can be challenging, as these injuries often lead to significant and long-lasting consequences for them. Furthermore, diagnosing and treating your child’s TBI is neither swift nor straightforward.
While there is a wide range of TBIs that can affect children, some of the most common types include:
- Concussions
- Brain swelling (edemas)
- Blood clotting inside the brain (hematomas)
- Brain hemorrhages
- Skull fractures
When a child is diagnosed with a brain injury or TBI, it’s crucial to be completely honest about any contributing factors. One of the most challenging aspects of these injuries is that their symptoms can have far-reaching implications, potentially worsening over time for the child and their family. The care and consideration for a child’s well-being are of utmost importance in the process of diagnosis and treatment.
Skilled and Compassionate Legal Guidance From CCD Law
Going through a car accident in Spokane can be a challenging and at times, a tragic experience, leaving both you and your family grappling with serious injuries and other losses. Throughout these trying moments, it’s crucial to have the right team on your side. At CCD Law, we’re here to offer the assistance and counsel required for you to access the treatment and benefits your child deserves.
Don’t wait–contact us today for a free consultation.
